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Demonstrate the required elements. Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.
(a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction ...
Under Indiana law, the three elements of a breach of contract claim are (1) the existence of a contract, (2) the defendant's breach thereof, and (3) damages suffered as a result.
Finally, Indiana Code 34-11-2-11 allows for a 10-year period of limitation for actions on written contracts, other than those for the payment of money, including most mortgages, deeds of trust, judgments of courts of record, and the recovery of the possession of real estate.
For a written contract, you generally must file your lawsuit within 4 years of when the agreement is broken. For a verbal contract, you must file it within 2 years of when the agreement is broken.
In Indiana, the outside limit is 10 years from the date of substantial completion, although the period may be longer or shorter if the claim relates to deficient design.
The statute of limitations for breach of oral or written professional services contracts is two (2) years. The statute of limitations for breach of all other types of oral contracts is six (6) years. The statute of limitations for breach of all other written contracts is ten (10) years.
Indiana Code § 32-30-1 provides for a 10-year statute of repose for which an architect and/or contractor remain residually liable for deficiency of design and/or construction of improvements to real property.